NOTICE
*************************************************************************
NOTICE
*************************************************************************
This document was originally prepared in Word Perfect.
If the original document contained--
* Footnotes
* Boldface & Italics
--this information is missing in this version
The document format (spacing, margins, tabs, etc.) is changed too.
If you need the complete document, download the Word Perfect version.
For information about downloading documents (FTP) see file pnmc5021.
File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous.
*************************************************************************
DA 96-1052
Before the
FEDER AL COMMUNICATIONS COMMISSION
Washi ngton, D.C. 20554
In the Matter of )
)
TELEF NICA LARGA DISTANCIA )
DE PUERTO RICO, INC. )
) File No. SCL-95-008
Application for a License to Land and )
Operate an Optical Fiber Cable System )
Linking the Dominican Republic )
and Puerto Rico )
AT&T CORP. )
)
GTE HAWAIIAN TELEPHONE )
COMPANY INCORPORATED )
)
INTERNATIONAL )
TELECOMMUNICATIONS )
CORPORATION )
)
MCI INTERNATIONAL, INC. )
)
PACIFIC GATEWAY EXCHANGE )
)
SPRINT COMMUNICATIONS ) File No. SCL-95-012
COMPANY, L.P. )
)
THE ST. THOMAS AND SAN JUAN)
TELEPHONE COMPANY, INC. )
)
TELECOMUNICACIONES )
ULTRAMARINAS DE )
PUERTO RICO, AND)
)
IDB WORLDCOM SERVICES, INC.)
)
Joint Application for a License to )
Land and Operate a Digital Submarine Cable )
System Between the Dominican Republic and )
Puerto Rico, The ANTILLAS I Cable System )
CABLE LANDING LICENSE
Adopted: June 28, 1996 Released: July 2, 1996
By the Chief, Telecommunications Division:
1. In this Order, we grant the application of Telef˘nica Larga Distancia de Puerto Rico,
Inc. (TLD) under the Cable Landing License Act for authority to land and operate an optical fiber
submarine cable system (ANTILLAS I cable system) extending between landing points at Miramar,
Puerto Rico; Isla Verde, Puerto Rico; and Cacique, Dominican Republic, on a common carrier basis.
We also grant the joint application of AT&T Corp. (AT&T), GTE Hawaiian Telephone Company
Incorporated (HTC), International Telecommunications Corporation (ITC), MCI International, Inc.
(MCII), Pacific Gateway Exchange (PGE), Sprint Communications Company, L.P. (Sprint), The St.
Thomas and San Juan Telephone Company, Inc. (STSJ), Telecomunicaciones Ultramarinas de Puerto
Rico (TUPR), and IDB WorldCom Services, Inc. (WorldCom), for authority to land and operate the
same cable system, ANTILLAS I, on a common carrier basis. We find that TLD and the Joint
Applicants have provided sufficient information to comply with the Cable Landing License Act, and
therefore grant the cable landing license, subject to the conditions below.
2. On August 18, 1995, TLD and TUPR filed a joint cable landing license application.
Their application was placed on public notice on August 25, 1995. AT&T filed a petition to deny the
application. TLD filed an opposition to AT&T's petition, to which AT&T replied. On October 5,
1995, TUPR notified the Commission that it was withdrawing from the TLD application and would
participate in a joint application with other U.S. carriers. On January 11, 1996, TLD filed a motion
to accept supplemental comments in light of the release of the Foreign Carrier Market Entry Order.
On February 28, 1996, TLD updated the information on file with the Commission regarding its
foreign carrier affiliations. AT&T withdrew its petition to deny TLD's application on April 16,
1996.
3. On October 13, 1995, the Joint Applicants filed their application. It was placed on
public notice on October 31, 1995. TLD filed comments, to which AT&T replied. Subsequently,
TLD filed reply comments.
4. TLD is a corporation organized under the laws of the Commonwealth of Puerto Rico,
and is a U.S. licensed carrier. All of its principal officers are U.S. citizens. Each of the Joint
Applicants, except Sprint, is a corporation. Sprint is a limited partnership organized and existing
under the laws of the State of Delaware. AT&T is organized and existing under the laws of the State
of New York. HTC is a corporation organized under the laws of the Kingdom of Hawaii and existing
under the laws of the State of Hawaii. ITC, MCII, PGE and WorldCom are each organized and
existing under the laws of the State of Delaware. STSJ is organized and existing under the laws of
the U.S. Virgin Islands. TUPR is organized and existing under the laws of the Commonwealth of
Puerto Rico. TUPR is a carrier authorized to offer services to other carriers between Puerto Rico
and the Dominicans Republic through a digital microwave system as well as to other international
points by satellite. TUPR does not offer end-to-end services and holds no correspondent agreements
with foreign carriers. All of the principal officers of the Joint Applicants are citizens of the United
States.
5. The proposed ANTILLAS I Cable System will extend from landing points at a cable
station at Miramar, Puerto Rico and a cable station at Isla Verde, Puerto Rico to the cable station at
Cacique, Dominican Republic, including an undersea branching unit connecting the stations in Puerto
Rico and the Dominican Republic. ANTILLAS I will connect with the domestic networks in Puerto
Rico and the Dominican Republic. The proposed cable system consists of five segments: A, B, C, D
and E. Segments A and B are located in U.S. territory.
6. Segments A and B will consist of the cable stations at Miramar, Puerto Rico and Isla
Verde, Puerto Rico, respectively, and Segment E is an intermediate cable landing point which is
necessary to house repeater equipment at Punta Cana, Dominican Republic. Segment C will consist
of the cable station at Cacique, Dominican Republic and two subsegments. Subsegment C1 will
comprise the part of the cable station at Cacique associated with the optical fiber pairs in Subsegment
D2 which connects to the cable station at Miramar. Subsegment C2 will consist of the part of the
cable station at Cacique associated with the optical fiber pairs in Subsegment D3 which connect to the
cable station at Isla Verde, Puerto Rico.
7. Segment D will consist of the whole fiber optic cable provided between, among, and
including the system interfaces at the cable stations at Miramar, Isla Verde, and Cacique, and
comprised of Subsegments D1, D2 and D3. Subsegment D1 will consist of the segment of the cable
between the system interfaces at the cable station at Cacique, and the undersea branching unit.
Subsegment D1 is to consist of two smaller segments of six fiber optic pairs each: D1-1 and D1-2.
D1-1 will be the submarine portion of Subsegment D1 that links the system interface at the Cacique
cable station, via the optical amplifier, to the beach joint at Punta Cana, Dominican Republic. D1-2
will be the submarine portion of Subsegment D1 that links the beach joint at Punta Cana with the
branching unit, including a one-third portion of the branching unit. Subsegment D2 will consist of
the part of Segment D between the branching unit and the system interface at the cable station at
Miramar, including one-third of the branching unit. It will consist of six fiber optic pairs, three of
which will be connected at the branching unit to three optical fiber pairs in Subsegment D3, and three
of which will be connected to the branching unit to three optical fiber pairs in Subsegment D1.
Subsegment D3 will consist of the part of Segment D between the branching unit and the system
interface at the Isla Verde cable station, including one-third of the branching unit. It will consist of
six fiber optic pairs, three of which will be connected to the branching unit to three optical fiber pairs
in Subsegment D2, and three of which will be connected at the branching unit to three optical fiber
pairs in Subsegment D1.
8. TLD and the Joint Applicants state that ANTILLAS I will utilize digital channels
operating at sixty-four kilobits per second (Kbps) that will allow over 15,000 simultaneous calls
without multiplexing. ANTILLAS I will consist of six working optical fiber pairs and the capacity of
each fiber pair will be comprised of four 155 Mbps Basic System Modules (BSMs), with each BSM
containing sixty-three Minimum Investment Units (MIUs), for a total capacity, on each fiber pair, of
252 MIUs. For voice telephone requirements, digital circuit multiplication equipment can be applied
to derive nominally five times the original number of voice paths. ANTILLAS I will be extended by
suitable facilities to the terminals of other international communications systems and satellite earth
stations, enabling ANTILLAS I to be used for services between and among the U.S. Mainland,
Puerto Rico, the Dominican Republic and points beyond.
9. In its comments filed in response to the Joint Application, TLD urges the Commission
to grant both applications simultaneously and expeditiously. TLD notes that neither it nor any of its
affiliates have any market power in the Dominican Republic, the destination market of the proposed
cable system. In its reply comments, AT&T states that while it agrees that the licenses under
consideration should be granted, TLD's application has no relevance to the Joint Applicants'
application.
10. Consistent with our decision regarding TLD's participation in the COLUMBUS II and
AMERICAS-1 cable systems, we do not require TLD to make a reciprocity showing under the Cable
Landing License Act. As TLD notes, it does not have any affiliates in the Dominican Republic, and
thus we decline to require such a showing in the case.
11. Pursuant to our obligations under 47 U.S.C. 34-39, the Department of State has
been notified. After having coordinated with the National Telecommunications and Information
Administration and the Department of Defense, the Department of State stated that they have no
objection to the issuance of the cable landing license for the ANTILLAS I.
12. Based on the information provided by the TLD and the Joint Applicants, we conclude
that the grant of the requested authorization will not have a significant effect on the environment as
defined in Section 1.1307 of the Commission's Rules and Regulations implementing the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4335. Consequently, no environmental
assessment is required to be submitted with these applications under Section 1.1311 of the
Commission's Rules.
13. We find that the proposed ANTILLAS I cable system is in the public interest.
Therefore, we grant to TLD and the Joint Applicants a cable landing license for the ANTILLAS I
cable system.
ORDERING CLAUSES
14. Consistent with the foregoing, the Commission hereby GRANTS AND ISSUES,
under the provisions of the Cable Landing License Act, 47 U.S.C. 34-39, and Executive Order
10530, 3 C.F.R. 1954-1958, to TLD and the Joint Applicants, AT&T, HTC, ITC, MCII, PGE,
Sprint, STSJ, TUPR and WorldCom, a license to land and operate one high capacity digital
submarine cable system between and among Miramar, Puerto Rico; Isla Verde, Puerto Rico; and
Cacique, Dominican Republic, comprised of six optical fiber pairs, each having a capacity of four
155 Mbps Basic System Modules (BSM) with each BSM containing sixty-three MIUs for a total
capacity, on each fiber pair, of 252 MIUs. This license is subject to all rules and regulations of the
Federal Communications Commission; any treaties or conventions relating to communications to
which the United States is or may hereafter become a party; any action by the Commission or the
Congress of the United States rescinding, changing, modifying or amending any rights accruing to
any person hereunder; and the following conditions:
(1) The location of the cable within the territorial waters of the United States of America, its
territories and possessions, and upon its shore, shall be in conformity with plans approved by
the Secretary of the Army, and the cable shall be moved or shifted by the Licensees at their
expense upon the request of the Secretary of the Army whenever he or she considers such
course necessary in the public interest, for reasons of national defense, or for the maintenance
or improvement of harbors for navigational purposes;
(2) The Licensees shall at all times comply with any requirements of United States
Government authorities regarding the location and concealment of the cable facilities,
buildings, and apparatus with a view of protecting and safeguarding the cable from injury or
destruction by enemies of the United States of America;
(3) The Licensees or any persons or companies directly or indirectly controlling it or
controlled by it, or under direct or indirect common control with it, shall not acquire or enjoy
any right, for the purpose of handling or interchanging traffic to or from the United States, its
territories or possessions, to land, connect or operate cables or landlines, to construct or
operate radio stations, or to interchange traffic, which is denied to any other United States
carrier by reason of any concession, contract, understanding, or working arrangement to
which the Licensees or any persons controlling it or controlled by it are parties;
(4) Neither this license nor the rights granted herein, shall be transferred, assigned, or in any
manner either voluntarily or involuntarily disposed of or disposed of indirectly by transfer of
control of the Licensees to any persons, unless the Federal Communications Commission shall
give prior consent in writing;
(5) The Licensees shall maintain 100 percent ownership in the cable stations in the United
States and in the U.S. land portion of the cable from the station to the U.S. beach joint of the
submersible portion of the proposed cable;
(6) This license is revocable after due notice and opportunity for hearing by the Commission
in the event of breach or nonfulfillment of any requirements specified in Section 2 of "An Act
Relating to the Landing and Operation of Submarine Cables in the United States," 47 U.S.C.
Sections 34-39, or for failure to comply with the terms of the authorizations;
(7) The Licensees shall notify the Commission in writing of the date on which the cable is
placed in service and this license shall expire 25 years from such date, unless renewed or
extended upon proper application, and, upon expiration of this license, all rights granted
under them shall be terminated; and
(8) The terms and conditions upon which this license is given shall be accepted by the
Licensees by filing a letter with the Secretary, Federal Communications Commission,
Washington, D.C. 20554, within 30 days of the release of this cable landing license.
15. This Order is issued under Section 0.261 of the Commission's Rules
and is effective upon release. Petitions for reconsideration under Section 1.106 or applications for
review under Section 1.115 of the Commission's Rules may be filed within 30 days of the date of
public notice of this order (see 47 C.F.R 1.4(b)(2)).
FEDERAL COMMUNICATIONS COMMISSION
Diane J. Cornell
Telecommunications Division
International Bureau